(a) Application. This Part shall be applicable to all actions
and proceedings in the Court of Claims.

(b) Waiver. For good cause shown, and in the interests of
justice, the court in an action or proceeding may waive compliance
with any of the rules in this Part, other than sections 206.2
and 206.3, unless prohibited from doing so by statute or by
rule of the Chief Judge.

(c) Application of the Court of Claims Act and the Civil
Practice Law and Rules. The provisions of this Part shall
be construed consistent with the Court of Claims Act, and
matters not covered by these provisions or the Court of Claims
Act shall be governed by the Civil Practice Law and Rules
(CPLR).

(d) Definitions.

(1) "Presiding Judge". Reference in these rules to the
Presiding Judge shall mean the judge of the Court of Claims
designated as such by the Governor pursuant to section 2
of the Court of Claims Act.

(2) "Clerk". References to the clerk in the Court of Claims Act and in these rules are to the Chief Clerk of the Court in Albany, whose mailing address is:

New York State Court of Claims
P.O. Box 7344, Capitol Station
Albany, New York 12224

and whose filing office is located at:
Robert Abrams Building for Law and Justice, 7th Floor
Governor Nelson A. Rockefeller Empire State Plaza
Albany, New York 12223

(3) "Chief Administrator of the Courts" in this Part also
includes a designee of the Chief Administrator.

(4) Unless otherwise defined in this Part, or the context
otherwise requires, all terms used in this Part shall have
the same meaning as they have in the Court of Claims Act and
CPLR.

(a) Terms of Court.
A term of court is a four-week session of court, and there
shall be 13 terms of court in a year, unless otherwise provided
in the annual schedule of terms established by the Chief
Administrator of the Courts, which also shall specify the
dates of such terms.

(b) Parts of Court.

(1) A part of court is a designated unit of the court in
which specified business of the court is to be conducted by
a judge or quasi-judicial officer.

(2) There shall be such parts of the Court of Claims as
may be authorized from time to time by the Chief Administrator
of the Courts.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
206.3 Individual assignment system; structure.

(a)
General. There shall be established for all actions heard
in the Court of Claims an individual assignment system which
provides for the continuous supervision of each action by
a single judge. Except as otherwise may be authorized by the
Chief Administrator or by these rules, every action shall
be assigned and heard pursuant to the individual assignment
system.

(b) Assignments. Except as otherwise provided by these rules,
actions shall be assigned to the judges of the court upon
the filing of a claim with the court. Assignments shall be
made by the clerk pursuant to a method of random selection
authorized by the Chief Administrator. The judge thereby assigned
shall be known as the "assigned judge" with respect
to that matter and, except as otherwise provided in subdivision
(c) of this section, shall conduct all further proceedings
therein.

(c) Exceptions.

(1) Assignment of public construction contract claims and
prisoner pro se claims shall be made at a time and in a manner
authorized by the Chief Administrator.

(2) Where the requirements of matters already assigned to
a judge are such as to limit the ability of that judge to
handle additional cases, the Chief Administrator may authorize
that new assignments to that judge be suspended until the
judge is able to handle additional cases.

(3) The Chief Administrator may authorize the establishment
of special categories of actions, including but not limited
to public construction contract actions, prisoner pro se actions,
medical malpractice actions, appropriation actions and actions
requiring protracted consideration, for assignment to judges
specially assigned to hear such actions. Where more than one
judge is specially assigned to hear a particular category
of action or proceeding, the assignment of such actions or
proceedings to the judges so assigned shall be at random.

(4) The Chief Administrator may authorize the assignment
of one or more special reserve trial judges. Such judges may
be assigned matters for trial in exceptional circumstances
where the needs of the court require such assignment.

(5) Matters requiring immediate disposition may be assigned
to a judge designated to hear such matters when the assigned
judge is not available.

(6) The Chief Administrator may authorize the transfer of
any action and any matter relating to an action from one judge
to another in accordance with the needs of the court.

(a) A claim shall be filed by delivering it to the office of the clerk either in person or by facsimile transmission or electronic means pursuant to sections 206.5-a and 206.5-aa of this Part,
respectively, or upon the receipt thereof at the clerk's office by mail. Except where filing is made
by facsimile transmission or electronic means, at the time of filing the original claim, the
claimant shall file in the clerk's office two copies thereof. Proof of service on the defendant shall
be filed in paper form or by facsimile transmission or electronic means with the clerk within 10
days of such service. Upon the filing, other than by electronic means, of a claim that is subject to
the electronic filing pursuant to 206.5-aa, the clerk shall provide the claimant with a copy of a Notice Regarding Availability of Electronic Filing in a form approved by the Chief Administrator of the Courts. Regardless of the manner in which a
claim is filed, where such claim is subject to electronic filing and the
claimant desires that the action proceed by electronic filing, the claimant shall serve the defendant with a Notice of Identifying the Claim as Subject to Electronic Filing in a manner authorized by section 202.5-b(g)(1) of this Part. Such Notice Identifying the Claim as Subject to Electronic Filing shall read substantially as follows:

NOTICE IDENTIFYING THE
CLAIM AS SUBJECT TO ELECTRONIC FILING

STATE
OF NEW YORK - COURT OF CLAIMS

CLAIM NO. _____

___________________

Claimant,

-against-

___________________

THE
STATE OF NEW YORK
Defendant

Please take notice that, pursuant to section 206.5-aa of the Uniform Rules for the
Court of Claims (22 NYCRR §206.5-aa), all papers to be
filed or served in this claim shall be filed or served electronically
by the parties as provided under section 206.5-aa unless,
in accordance with such section:

(1) a judge orders otherwise; or

(2) the papers involved are not permitted to be filed or
served electronically.

(b) The clerk shall notify the claimant or the claimant's
attorney of the date of filing of the claim. The clerk shall
number each claim in the order of its filing and advise the
claimant or the claimant's attorney of the claim number and
of the name of the assigned judge. Thereafter such number
and judge's name shall appear on the outside cover and first
page to the right of the caption of every paper tendered for
filing in the action. A small claim filed pursuant to article
6 of the Eminent Domain Procedure Law shall be numbered in
the same manner as other claims except its number shall be
followed by the suffix "s." In addition to complying
with the provisions of CPLR 2101, unless the court shall otherwise
permit in the interest of justice, every paper filed in court
shall have annexed thereto appropriate proof of service on
all parties where required, and every paper, other than an
exhibit or printed form, shall contain writing on one side
only and if typewritten, shall have at least double space
between each line, except quotations and the names and addresses
of attorneys appearing in the action, and shall have at least
one-inch margins. In addition, every paper filed in court,
other than an exhibit or printed form, shall contain writing
on one side only, except that papers that are fastened on
the side may contain writing on both sides. Papers that are
stapled or bound securely shall not be rejected for filing
simply because they are not bound with a backer of any kind.

(c) An original
and two copies of any demand for a bill of particulars and bills of particulars served upon a party, together with
proof of service, shall be filed with the clerk within 10 days after
service thereof.

(d) All papers for signature
or consideration of the court shall be presented to the
clerk, except that where the judge so directs, papers may be submitted to the judge and a copy filed with the clerk promptly thereafter. All papers for any judge
that are filed in the clerk's office shall be delivered
to the judge by the clerk. The papers shall be clearly addressed
to the judge for whom they are intended and prominently
show the nature of the papers, the title and claim number
of the action in which they are filed, the judge's
name, and the name of the attorney or party submitting them.

(e) At the direction of the court, a party shall provide a courtesy copy of any paper to chambers.

(a) Application. This section shall take effect on May 3,
1999, and shall be applicable to the filing of any paper with
the court in any action or proceeding commenced on or after
such date.

(b) Filing of Papers With the Court.

(1) Except where papers required or permitted to be filed
with the court must be filed by electronic means, such papers
may be delivered to the clerk of the court by facsimile transmission
at a facsimile telephone number provided for such purpose
by the clerk. The cover sheet utilized for such facsimile
transmission shall be in a form prescribed by the Chief Administrator
of the Courts and shall indicate the nature of the paper being
filed; any previously assigned claim number; the name and
address of the filing party or the party's attorney; the telephone
number of the party or attorney; the facsimile telephone number
that may receive a return facsimile transmission; and the
number of total pages, including the cover sheet, being filed.
All such papers shall comply with the requirements of CPLR
2101(a) and shall be signed and verified as required by law.
The clerk shall not be required to accept such filing if it
is more than 50 pages in length (including exhibits, but excluding
the cover sheet). Documents may be filed by facsimile transmission
at any time of the day or night; only documents received before
12 midnight on any day will be considered to have been received
as of that day.

(2) Upon receipt of papers filed by facsimile transmission,
the clerk shall stamp such papers with the date the papers
were received, and no later than the following business day,
shall transmit a copy of the first page of each paper received,
containing the date of receipt, to the filing party or attorney
either by facsimile transmission or by posting by first class
mail. If any page of the papers received by the clerk is missing
or illegible, the confirmation of receipt transmitted by the
clerk shall so state, and the party or attorney forthwith shall
transmit a new or corrected page to the clerk for appropriate
inclusion in the transmitted papers. Notice shall be given
by the clerk to the party or attorney that the new or corrected
page was received.

(a) All designated claims in the
Court of Claims shall be subject to electronic filing in accordance with the provisions of section 202.5-b
of this Title.

(b) For purpose of this section:

(1) The term "action" as used in section 202.5-b of this
Title, shall also include a claim in the Court of Claims;

(2) The term "designated claim" shall mean a claim falling
within one or more categories of claims designated pursuant
to subdivision (c) of this section; provided, however the
terms designated claim may not include a claim commenced
by a Federal, State or local inmate under sentence for conviction
of a crime; and

(3) References to the County Clerk, the Chief Clerk of
the Supreme Court or the clerk of a court in section 202.5-b
of this Title shall be deemed to mean the clerk of the Court
of Claims.

(c) From time to time, the Presiding Judge of the Court
of Claims, at the request of the Attorney General or his
or her designee, may designate one or more categories of
claims in the Court of Claims, as identified by subject matter,
geographic region or otherwise, as claims to be subject to
electronic filing. The clerk of the Court shall promptly advise the Attorney
General of all such designations. Upon designation of a category
of claims by the Presiding Judge pursuant to this subdivision,
the Attorney General shall be deemed, for all purposes under
section 202.5-b, to have agreed to service of all papers
upon him or her by electronic
means for those claims in which the claimant consents to
proceed pursuant to such section.

(d) Notwithstanding the foregoing, the provisions of section
202.5-b(b)(1) of this Title shall not apply to claims in the
Court of Claims.

(a) Pursuant to section 11-a of the Court of Claims Act,
the claim shall be accompanied by either a filing fee of $50
or a motion, affidavit or certification pursuant to CPLR
1101.

(b) No filing fee shall be required for a third-party claim
filed pursuant to section 9(9-a) of the Court of Claims Act
and section 206.6(g) of this Part or for the initiation of
a special proceeding.

(c) An application pursuant to CPLR 1101(d) or (f) for waiver
or reduction of the filing fee shall be made by completing
the affidavit supplied by the clerk's office and filing the
affidavit with the claim. The clerk's office will notify the
claimant of the court's decision by mail.

Section
206.6 Contents of a claim or a notice of intention to file a claim; action for declaratory
judgment.

(a) In addition to the requirements prescribed by section
11 of the Court of Claims Act, the claim or notice of intention
to file a claim, shall state the post office address of each claimant therein,
and the name, post office address and telephone number of
the attorney for each claimant.

(b) To the extent required by Court of Claims Act Section 11(b), there shall be
included in each claim, or attached thereto, a schedule showing in detail each item of damage
claimed and the amount of such item. Where claimant is proceeding upon more than one
cause of action, each additional cause of action shall be separately stated and numbered.

(c) In all actions where a notice of intention to file a
claim has been served, the claim shall state the date of service
upon the Attorney General.

(d) Where the claim is for the temporary or permanent appropriation
of real property, it shall contain a specific description
of the property giving its location and quantity. The original
and all filed copies of such claim shall have annexed thereto
a duplicate of the official appropriation map or maps filed
in the office of the commissioner of the department involved
in the taking, covering the property for which the claim is
filed.

(e) If the claim is filed under a special statute, such
statute shall be pleaded by reference.

(f) Changes in the post office address or telephone number
of any attorney or pro se claimant shall be communicated
in writing to the clerk within 10 days thereof.

(g) Actions for Declaratory Judgment, pursuant to section
9(9-a) of the Court of Claims Act, shall be commenced by
the filing with the clerk and service upon the third-party
defendant of a notice of impleader, together with a third-party
claim, in the nature of a complaint, and all prior pleadings
in the action. Such papers also shall be served upon all
other parties. Service upon the third-party defendant shall
be made in the same manner as service of a claim under section
11 of the Court of Claims Act. The original third- party
claim and two copies thereof shall be filed with the clerk
within 10 days of such service. Responsive pleadings shall
be served and filed in accordance with section 206.7 of
this Part.

(a) Except in appropriation actions, the defendant shall
serve an answer to each claim; the defendant may include a
counterclaim in its answer, in which case the claimant shall
serve a reply. Except as extended by CPLR 3211(f), service
of all responsive pleadings shall be made within 40 days of
service of the pleading to which it responds. The original
and two copies of each responsive pleading, together with
proof of service, shall be filed with the clerk within 10
days of such service.

(b) Pleadings may be amended in the manner provided by CPLR
3025, except that a party may amend a pleading once without
leave of court within 40 days after its service, or at any
time before the period for responding to it expires, or within
40 days after service of a pleading responding to it. Where
a response to an amended or supplemental pleading is required,
it shall be made within 40 days after service of the amended
or supplemental pleading to which it responds. The original and two copies of each ameded or supplemental pleading or response thereto, together with proof of service, shall be filed with the clerk within 10 days of such service.

(c) Stipulations between parties extending the time limits
herein shall be executed prior to the expiration of such time
limits, and shall be filed with the clerk within 10 days thereafter.

(a) There shall be compliance with the procedures prescribed
in the CPLR for the bringing of motions. In addition, no motion
shall be filed with the court unless a notice of motion is
served and filed, with proof of service, with the motion papers.

(b) No motion relating to disclosure shall be placed on
the calendar without counsel for the respective parties
first conferring with the assigned judge. This subdivision
shall not apply to prisoner pro se claims.

(c) No motion by an attorney seeking to be relieved as counsel
for a party shall be placed on the calendar unless initiated
by order to show cause.

(d) The notice of motion shall read substantially as follows:

STATE
OF NEW YORK-COURT OF CLAIMS

___________________________

A.B.,

Claimant,

Notice of Motion
Index No.

-against-

___________________________

THE STATE
OF NEW YORK,

Name of Assigned Judge

Defendant

Upon the affidavit of _____, sworn to on _____ 20 _____ ,
and upon (list supporting papers if any), the _____will move
this court on the _____ day of _____, 20 _____ , for an order
(briefly indicate relief requested).

The above-entitled action is for (briefly state nature of
action, e.g., personal injury, medical malpractice, etc.).

(Print Name)

Attorney [FN1] (or Attorney in
charge of case if law firm) for moving party

Address:

Telephone number:

(e) The notice of motion set forth in subdivision (d) of
this section shall not be required for a motion brought on
by an order to show cause or an application for ex parte relief.

[FN1] If any party is appearing pro se, the name, address
and telephone number of such party shall be stated.

(a) All motions relating to assigned claims shall be returnable
before the assigned judge and, unless otherwise directed by
the assigned judge, shall be made returnable at 9:30 a.m.
on any Wednesday designated by the judge's schedule for the
calendaring of motions. Motions relating to applications for
permission to file a late claim, and any other motions pertaining
to an unassigned claim, shall be made returnable at 9:30 a.m.
on any Wednesday at a special part of the court in the district
in which the claim arose or is then pending.

(b) Unless initiated by order to show cause, the original
and two copies of all motion papers with proof of service
annexed shall be filed in the clerk's office at least eight
days before the return date. The moving party shall
also serve a copy of all affidavits and briefs upon all other
parties at the time of service of the notice of motion. The
answering party shall serve copies of all affidavits
and briefs as required by CPLR 2214(b)
and file such copies in accordance with these rules.

(c) Unless oral argument has been requested by a party and
permitted by the court, or directed by the court, motions
shall be deemed submitted as of the return date. A party requesting
oral argument shall set forth such request in either the notice
of motion or on the first page of the answering papers. A party requesting oral argument on a motion
initiated by order to show cause shall do so as soon as
practicable before the motion is scheduled to be heard.

(d) Ex Parte Applications. Whenever any party shall make
an ex parte application to the court for an order, it shall
be the duty of the party making the application to present
to the assigned judge the proposed original order and to
serve the advers party with a true conformed copy.
The signed original order together with proof of service
shall be filed in the clerk's office.

(e) Submission of Orders. Proposed orders must be submitted
for signature, unless otherwise directed, within 60 days
of the filing of the decision directing that the order be
settled or submitted. Failure to submit the order timely
shall be deemed an abandonment of the motion, unless for
good cause shown.

(a) In all matters,
except appropriation claims and prisoner pro se claims, the
court shall order a preliminary conference as soon as practicable,
but no later than six months, after the action has been assigned.

(b) The court, in ordering a preliminary conference, shall
fix the date and time for the conference and notify the parties.
Except where a party appears pro se, an attorney thoroughly
familiar with the claim and authorized to act on behalf of
the party shall appear at such conference.

(c) The matters to be considered at the preliminary conference
shall include:

(1) simplification and limitation of factual and legal
issues, where appropriate;

(2) establishment of a timetable for the completion of
all disclosure proceedings, provided that all such procedures
must be completed within 18 months of the assignment of the
claim to the judge, unless otherwise shortened or extended
by the court depending upon the circumstances;

(3) settlement of the claim; and

(4) any other matters that the court may deem relevant.

(d) Unless the court orders otherwise, in lieu of a preliminary conference the
parties may execute a stipulation, to be so ordered by the
court, agreeing to a timetable for the completion of disclosure
within 18 months of the assignment of the claim to the judge.

(e) The court may direct the holding of additional conferences including, but not limited to, pretrial conferences, as the court may deem helpful or necessary in any matter before the court.

(f) At the conclusion of any conference the court may make
a written order including its directions to the parties
as well as stipulations of counsel.

(g) If any party fails to appear for a scheduled
conference, the court may note the default on the record
and enter such order as appears just, including dismissal.

(a) When Permitted. Depositions authorized under the provisions of the CPLR or other law may be taken, as permitted by CPLR 3113(b), by means of simultaneous audio and visual (audiovisual)
electronic recording, provided such recording is made in conformity with this section.

(b) Other Rules Applicable. Except as otherwise provided in this section, or
where the nature of audiovisual recording makes compliance impossible or
unnecessary, all rules generally applicable to examinations before trial shall apply to
audiovisual recording of depositions.

(c) Notice of Taking Depositions. Every notice or subpoena for the taking of a deposition shall state that it is to be recorded by audiovisual means
and the name and address of the operator and of the operator's employer, if any. The
operator may be an employee of the attorney taking the deposition or of the Department of Law.
Where an application for an order to take an audiovisual deposition is made, the
application and order shall contain the same information.

(d) Conduct of the Examination.

(1) The deposition shall begin by one of the attorneys or
the operator stating on camera:

(i) the operator's name and address;

(ii) the name and address of the operator's employer;

(iii) the date, the time and place of the deposition; and

(iv) the party on whose behalf the deposition is being taken.

The officer before whom the deposition is taken shall be identified as a person authorized by
statute to swear the witness and shall swear the witness on
camera.

(2) Every audiovisual deposition shall be recorded with a time-date
generator which shall permanently display the hours, minutes, and seconds. Each time the
recording is stopped and resumed, such times shall be announced on the
recording. Additionally, the operator shall announce the beginning and the end of each
audiovisual recording.

(3) More than one camera may be used, either in sequence
or simultaneously.

(4) At the conclusion of the deposition, a statement shall
be made on camera that the recording is completed. As soon
as practicable thereafter, the recording shall be shown to
the witness for examination, unless such showing and examination
are waived by the witness and the parties.

(5) Technical data, such as recording speeds and other information
needed to replay or copy the recording, shall be included on copies
of the recorded deposition.

(e) Copies and Transcription. The parties may make audio copies of the deposition and thereafter
may purchase additional audio and/or audiovisual copies. A party may arrange
to have a
stenographic transcription made of the deposition at the party’s own expense.

(f) Certification. The officer before whom the
deposition is taken shall cause to be attached to the original
audiovisual recording a certification that the witness was fully
sworn or affirmed by the officer and that the recording
is a true record of the testimony given by the witness. If
the witness has not waived the right to a showing and examination
of the deposition, the witness shall also sign the
certification in accordance with the provisions of
CPLR 3116.

(g) Filing and Objections.

(1) If no objections have been made by any of the parties
during the course of the deposition, the audiovisual recording
and one copy may be filed by the proponent with the clerk
and shall be filed upon the request of any party.

(2) If objections have been made by any of the parties during
the course of the deposition, the audiovisual recording, with
the certification, shall be submitted to the court upon the
request of any of the parties within 10 days after its recording,
or within such other period as the parties may stipulate,
or as soon thereafter as the objections may be heard by the
court, for the purpose of obtaining rulings on the objections.
An audio copy may be submitted in lieu
of the audiovisual recording for this purpose, as the court may prefer.
The court may
also require submission of a stenographic transcript of the
portion of the deposition to which objection is made.

(3)

(i) The court shall rule on the objections prior to the
date set for trial and shall return the recording to the proponent
of the audiovisual recording with notice to the parties of its rulings
and of its instructions as to editing. The editing shall reflect
the rulings of the court and shall remove all references to
the objections. The proponent, after causing the audiovisual recording
to be edited in accordance with the court's instructions,
may cause both the original recording and the edited
version of the recording, and a copy of each, clearly identified,
to be filed with the clerk, and shall do so at the request
of any party. Before such filing, the proponent shall permit
the other party to view the edited recording.

(ii) The court may, in respect to objectionable material,
instead of ordering its deletion, permit such material to
be clearly marked so that the audio recording may be suppressed
by the operator during the objectionable portion when the
audiovisual recording is presented at the trial. In such case the proponent
may cause both the original and a marked
version of that recording, and a copy of each, clearly identified,
to be filed with the clerk of the court, and shall do so at
the request of any party.

(h) Custody of the audiovisual recording. When the audiovisual recording is filed with the clerk
of the court, the clerk shall give an appropriate receipt
and shall provide secure and adequate facilities
for the storage of the recordings.

(i) Use at trial. The use of audiovisual recording of depositions
at the trial shall be governed by the provisions of the CPLR and all other relevant statutes, court
rules and decisional law relating to depositions and relating
to the admissibility of evidence. The proponent of the audiovisual
deposition shall have the responsibility of providing whatever
equipment and personnel may be necessary for presenting such
recored deposition.

(j) Applicability to audio recording of depositions. Except where clearly inapplicable
because of the lack of a visual portion, these rules are equally applicable to the taking
of depositions by audio recording alone. However, in the case of the taking of a deposition upon
notice by audio recording alone, any party, at least five days before the date noticed for taking
the deposition, may apply to the court for an order establishing additional or alternate procedures
for the taking of such audio deposition, and upon the making of the application, the deposition
may be taken only in accordance with the court order.

(k) Cost. The cost of recording a deposition shall
be borne by the party that served the notice for the recording of the deposition.

(l) Transcription for appeal. On appeal, audiovisual and audio depositions shall be
transcribed in the same manner as other testimony and transcripts filed in the appellate court.
The audiovisual and audio depositions shall remain part of the original record in the case
and shall be transmitted therewith. In lieu of the transcribed deposition and, on leave of the
appellate court, a party may request a review of portions of the audiovisual or
audio deposition by the appellate court but, in such case, a transcript of pertinent portions of the
deposition shall be filed as required by the court.

(a) General. No action shall be deemed ready for trial until
there is a filed note of issue accompanied by a certificate
of readiness, with proof of service on all parties entitled
to notice, in the form prescribed by this section. Filing
of a note of issue and certificate of readiness shall not
be required for prisoner pro se claims, for an application
for court approval of the settlement of the claim of an infant,
incompetent or conservatee; or an application for court
approval of a settlement pursuant to section 20-a of the Court
of Claims Act. The note of issue shall include the claim number,
the name of the judge to whom the action is assigned, and
the name, office address and telephone number of each attorney
or individual who has appeared. Within 10 days after service,
the original note of issue and certificate of readiness, with
proof of service, shall be filed with the clerk.

(b) Forms. The note of issue and certificate of readiness
shall read substantially as follows:

Note:
Clerk will not accept this note of issue unless accompanied
by a certificate of readiness.

CERTIFICATE OF READINESS FOR TRIAL

(Items 1-6 must be checked)

Complete

Waived

Not
Required

1. All pleadings served and filed.

______

______

______

2. Bill of particulars served and
filed.

______

______

______

3. Physical examinations completed.

______

______

______

4. Medical reports filed and exchanged.

______

______

______

5. Expert reports filed and exchanged.

______

______

______

6. Discovery
proceedings now known to be necessary completed.

______

______

______

7. There are
no outstanding requests
for discovery.

______

______

______

8. There has been a reasonable opportunity

______

______

______

9. There has
been compliance with any order issued pursuant to section
206.10 of this Part.

______

______

______

10. The action is ready for trial.

______

______

______

______

______

______

Dated:
____________________________________________________

(Signature)________________________________________________

Attorney(s) for:_____________________________________________

Office and P.O. address:____________________________________

(c) Pretrial Proceedings. Where a party is prevented from
filing a note of issue and certificate of readiness because
a pretrial proceeding has not been completed for any reason
beyond the control of the party, the court, upon motion
supported by affidavit, may permit the party to file a
note of issue upon such conditions as the court deems
appropriate. Where unusual or unanticipated circumstances
develop subsequent to the filing of a note of issue and
certificate of readiness which require additional pretrial
proceedings to prevent substantial prejudice, the court,
upon motion supported by affidavit, may grant permission
to conduct such necessary proceedings.

(d) Striking Note of Issue. Within 20 days after service
of a note of issue and certificate of readiness, any party
to the action may move to strike the note of issue, upon
affidavit showing in what respects the action is not ready
for trial, and the court may strike the note of issue if
it appears that a material fact in the certificate of readiness
is incorrect, or that the certificate of readiness fails
to comply with the requirements of this section in some
material respect. After such period, no such motion shall
be allowed except for good cause shown. At any time, the
court on its own motion may strike a note of issue if it
appears that a material fact in the certificate of readiness
is incorrect, or that the certificate of readiness fails
to comply with the requirements of this section in some
material respect.

(e) Restoration of Note of Issue. A motions to restore notes
of issue struck pursuant to this section shall be supported
by a proper and sufficient certificate of readiness and
by an affidavit by a person having first-hand knowledge
showing that there is merit to the action, satisfactorily
showing the reasons for the acts or omissions which led
to the note of issue being struck from the calendar, stating
meritorious reasons for its restoration and showing that
the action is presently ready for trial.

(f) Change in Title of Action. In the event of a change
in title of an action by reason of a substitution of any
party, no new note of issue will be required. Notice of
such substitution and change in title shall be filed with
the clerk for transmittal to the assigned judge within 10
days of the date of an order or stipulation effecting the
party substitution or title change.

(g) Unless for good cause shown, the trial of the action
shall commence within 15 months of the filing of the note
of issue.

(1) In every medical, dental and podiatric malpractice action subject to this part, the court
shall hold a settlement conference within 45 days after the filing of the note of issue and
certificate of readiness or, if a party moves to vacate the note of issue and certificate of readiness
and that motion is denied, within 45 days after denial of the motion.

(2) Where parties are represented by counsel, only attorneys fully familiar with the action
and authorized to dispose of the case, or accompanied by a person empowered to act on behalf of
the party represented, shall appear at the conference.

(3) Where appropriate, the court may order parties, representatives of parties,
representatives of insurance carriers or other persons having an interest in any settlement to
attend the settlement conference in person, by telephone, or by other electronic media.

A judge to whom claims are assigned under the individual
assignment system may establish such calendars of claims as
the judge shall deem necessary or desirable for proper case
management.

Judges to whom claims are assigned pursuant to
the individual assignment system may schedule calls of
any calendars they have established at such times as they
may deem appropriate. The Presiding Judge may schedule calls
of any claim appearing on a public construction contract
calendar or prisoner pro se calendar at such times as he
or she may deem appropriate.

Section
206.14 Exchange of medical reports in personal injury and
wrongful death actions.

Except where the court otherwise directs, in all actions
in which recovery is sought for personal injuries, disability
or death, physical examinations and the exchange of medical
information shall be governed by the provisions hereinafter
set forth:

(a) At any time after joinder of issue, and subject to the
time limitation set forth in subdivision (b) of this section,
the defendant may serve on claimant a notice fixing the time
and place of examination. The notice shall name the examining
medical provider or providers. Claimant may move to modify
or vacate the notice within 20 days of the receipt thereof.

(b) At least 30 days before the date of such examination,
or on such other date as the court may direct, claimant shall
deliver to defendant the following, which may be used by the
examining medical provider or providers:

(1) copies of the medical reports of those medical providers
who have previously treated or examined the claimant. These
shall include a recital of the injuries and conditions as
to which testimony will be offered at the trial, referring
to and identifying those X-ray and technicians' reports which
will be offered at the trial, including a description of the
injuries sustained, a diagnosis and a prognosis. Medical reports
may consist of medical provider, workers' compensation,
or insurance forms that provide the information required by
this paragraph;

(2) duly executed and acknowledged written authorizations
permitting the defendant to obtain and make copies of all
hospital records and such other records, including X-ray and
technicians' reports, as may be referred to and identified
in the reports of those medical providers who have treated
or examined the claimant.

(c) A copy of the report or reports of the medical provider
or providers making the examination pursuant to this section
shall be furnished to the claimant within 60 days after completion
of the examination. Such copy or copies shall comply with
the requirements of paragraph (b)(1) of this section.

(d) In actions where the cause of death is in issue, claimant
shall exchange with defendant no later than 45 days after
service of the bill of particulars copies of the report or
reports of all treating and examining medical providers whose
testimony will be offered at the trial, complying with the
requirements of paragraph (b)(1) of this section, and claimant
will furnish authorizations to the defendant to examine and
obtain copies of all hospital records, autopsy or post-mortem
reports, and such other records as provided in paragraph (b)(2)
of this section. In any case where the interests of justice
will not be served by exchange of such reports and delivery
of such authorizations, an order dispensing with either or
both must be obtained upon motion made before the expiration
of time set forth in this section.

(e) Unless an order to the contrary is made or unless the
judge, at trial, in the interests of justice and upon a showing
of good cause shall hold otherwise, claimant shall be precluded
at the trial from offering in evidence any part of the hospital
records and all other records, including autopsy or post-mortem
records, X-ray reports or reports of other technicians, not
made available pursuant to this Part, and no party shall be
permitted to offer any evidence of injuries or conditions
not set forth in the respective medical reports previously
exchanged, nor will the court hear the testimony of any treating
or examining medical providers whose medical reports have
not been exchanged as provided by this Part.

Whenever a note of issue has been filed and the claimant
is not ready for trial or fails to appear for a scheduled
trial date, or if the assigned judge has directed that the
claim be ready for trial by a particular date and the defendant
is ready to proceed with the trial but the claimant is not
so ready, the assigned judge, upon motion by the defendant
or upon the judge's own motion, may dismiss the claim unless
sufficient reason is shown why such claim should not be
tried at that time. An order dismissing a claim pursuant
to this section or any section of this Part, or pursuant
to the Court of Claims Act or the CPLR shall not be vacated
except upon stipulation of all parties so ordered by the
court or by motion on notice to all other parties, supported
by an affidavit showing sufficient reason why the order should
be vacated and the claim restored. Such application shall
be made to the judge who granted the order of dismissal
unless he or she is no longer a member of the court, in
which event application shall be made to the Presiding Judge.

(a) Where the attorney of record for any party arranges
for another attorney to conduct the trial, the trial counsel
must be identified in writing to the clerk and to all parties
not less than 15 days before the date assigned for trial.
The notice must be signed by both the attorney of record and
the trial counsel and filed with the clerk.

(b) After trial counsel is designated as provided above,
no substitution shall be permitted unless the substituted
counsel is available to try the case when it is reached in
regular order. Written notice of such substitution shall be
promptly filed with the clerk and given to all parties.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
206.17 Engagement of counsel.

No adjournment shall be granted on the ground of engagement
of counsel except in accordance with Part 125 of the Rules
of the Chief Administrator of the Courts (22 NYCRR Part 125).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
206.18 Entry of judgment.

(a) Except as provided in subdivision (b) of this section,
the clerk shall enter judgment within 20 days of the filing
of a decision. Either party may submit a proposed judgment
to the clerk within 15 days of said filing on five days' notice
to the adverse party.

(b) Where an award is made in a claim for the appropriation
of real property or any interest therein, or for any damages
to real property, the Attorney General shall have 45 days
after filing of the decision to notify the clerk in writing
whether any suspension of interest under subdivision 4 of
section 19 of the Court of Claims Act is required. After said
45-day period, the clerk shall enter judgment forthwith, unless
a motion on notice has been made and filed within said period
to stay entry of judgment. Filing such a motion shall temporarily
stay entry of judgment pending the court's determination.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
206.19 Bifurcated trials.

(a) Judges are encouraged to order a bifurcated trial of
the issues of liability and damages in any action for personal
injury where it appears that bifurcation may assist in a
clarification or simplification of issues and a fair and
more expeditious resolution of the action.

(b) Where a bifurcated trial is ordered, the issues of liability
and damages shall be severed and the issue of liability shall
be tried first, unless the court orders otherwise.

(c) In the event of a claimant's judgment on the issue of
liability or a defendant's judgment on the issue of liability
on a counterclaim, the damage phase of the trial shall be
conducted as soon as possible before the same judge, unless
the judge presiding over the trial, for reasons stated in
the record, finds such procedure to be impracticable.

Historical Note
Sec. filed Feb. 16, 1988 eff. April 1, 1988.

Section
206.20 Sanctions.

The provisions of Part 130 of the Rules of the Chief Administrator
of the Courts shall be applicable to the Court of Claims.

(a) In an Appropriation Claim the Defendant Is Not Required
to Serve or File an Answer. All allegations in appropriation
claims are deemed denied, and issue is joined upon the completion
of filing of the claim and proof of service in the clerk's
office.

(b) Appraisal Reports. Within six months from the date
of completion of filing and service of a claim in an appropriation
case, the parties shall prepare and file with the clerk
of the court an original and three copies of the appraisal
of each appraiser whose testimony is intended to be relied
upon at trial. Each appraisal shall set forth separately
the value of land and improvements, including fixtures,
if any, together with the data upon which such evaluations
are based, including but not limited to:

(1) the before value and after value;

(2) direct, consequential and total damages;

(3) details of the appropriation;

(4) details of comparable sales; and

(5) other factors which will be relied upon at trial.

If all the details of comparable sales required by section
16 of the Court of Claims Act are included in the appraisals
prescribed herein, such shall be deemed compliance with section
16. Parties should confine the use of notices under section
16 to sales or leases of comparable property not reasonably
ascertainable at the time of preparation of their respective
appraisals.

(c) Appraisal of Fixtures

All appraisals of fixtures submitted on behalf of the claimants and the defendant for which claim is made shall be filed and distributed as provided by these rules with respect to appraisal reports and shall set forth the appraisal value of each item in the same numerical order as in the inventory annexed to the claim.

(1) Where the defendant puts in issue the existence of any item in the inventory, the appraisal submitted on its behalf shall so state.

(2) Where the defendant puts in issue the description of any item in the inventory, the appraisal submitted on behalf of the defendant shall state its appraiser's description of such item and the estimate of value.

(3) Where the defendant puts in issue the compensability of any item in the inventory, the appraisal report submitted by the defendant shall so state and shall state the ground therefor, as well as its appraiser's estimate of the value of such item for consideration in the event that the court should determine that it is compensable.

(d) Experts' Reports. Where an expert, other than a valuation expert is intended to be relied upon at trial, an original and three copies of the expert's report shall be filed within the same time and in the same manner as above set forth.

(e) Exchange. When all parties have filed their appraisals and reports as herein provided, the clerk shall send copies of each to all other parties.

(f) Amendments and Supplements. If a party intends at trial to offer proof correcting errors in or adding pertinent matter to an appraisal or other expert's report, an original and three copies of an amended or supplemental report shall be filed within two months after the exchange of appraisals and reports. The clerk shall send copies to all other parties.

(g) Rebuttal Reports. If a party intends at trial to offer expert evidence in rebuttal to any report or amended or supplemental report, and original and three copies of the expert's report shall be filed within one month after receipt of the document sought to be rebutted. The clerk shall send copies to all other parties.

(h) Extension of Time.

(1) A party requiring more time than that prescribed in subdivision (b) of this section may apply
for an extension of up to six months by letter to the assigned judge with a
copy to all parties. The letter application shall be received in chambers no later than six months
from the date of the filing and service of the claim and shall show good
cause for the extension. The assigned judge may exercise discretion and grant an
extension, by letter, for a period, not to exceed six months, and upon such terms and
conditions as may be just. Such extension also shall extend the time of other parties.

(2) An application for any further extension shall be made by motion on notice showing good cause and shall be made to the assigned judge prior to the expiration of any previous extension. The court in its discretion may grant the motion upon such terms and conditions as may be just. Alternatively, a further extension may be set forth in a stipulation which shall be signed by the attorneys and submitted to the assigned judge. The court in its discretion may "so order" said extension.

(3) An application for other or further relief from the requirements or consequences of this section also shall be made to the assigned judge by motion on notice showing unusual and substantial circumstances. However, any application for such relief made after the commencement of trial may be granted only upon a showing of extraordinary circumstances. The court in its discretion may grant the motion upon such terms and conditions as may be just.

(i) Limitation of Testimony. At the trial of a claim governed by this section, expert witnesses called by the parties shall be limited in their testimony to matters set forth in their respective appraisals or other reports. A party failing to file appraisals and other reports as provided in this section shall be precluded at trial from offering any expert proof, with the exception of evidence admissible under section 16 of the Court of Claims Act.

(j) Nonapplicability. Compliance with this section shall not be required of a party proceeding in this court pursuant to article 6 of the Eminent Domain Procedure Law (special procedure for claims under $25,000), or a party who files, within the time set forth in subdivision (b) of this section, a notice with proof of service, that no expert proof will be offered at trial. When such a notice is received by the clerk, the clerk shall mail to the party filing the notice a copy of any appraisal or report received from any other party.

206.22
Small claims pursuant to article 6 of the Eminent Domain Procedure
Law (EDPL); special rules.

(a) The hearing shall be conducted in an informal and simplified
manner as to do substantial justice between the parties and
to discover expeditiously the facts in order to determine
a just result according to the principles and rules of substantive
law.

(b) The provisions of the EDPL, the Court of Claims Act,
the rules of this court and the CPLR shall apply to small
claims, so far as the same can be made applicable and are
not in conflict with the provisions of article 6 of the EDPL.

(c) An oath or affirmation shall be administered to all
witnesses. The court shall liberally construe statutory provisions
and rules of practice, procedure and pleading in connection
with the conduct of the hearing.

(d) When, at the hearing of a small claim, the defendant
has interposed a counterclaim, the court shall hear the entire
case, but the trial of the counterclaim shall be conducted
as if it were instituted separate and apart from said small
claim.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
206.23 Public construction contract claims; special rules.

(a)

(1) All claims involving public construction contracts shall
contain separately captioned and numbered causes of action.
When utilized in a claim, detailed schedules of items of damage
that pertain to or are allied with a particular cause of action
shall be made a part of said cause of action.

(2) Where the claimant has accepted final payment, the claim
shall have attached to it a copy of the statement required
by section 145 of the State Finance Law.

(b)

(1) Within 30 days after the service and filing of its verified
answer, the defendant may serve and file an itemized demand
for a bill of particulars.

(2) Unless claimant moves to modify or vacate such demand,
said claimant must serve a proper bill of particulars within
60 days of the receipt of the defendant's demand, and file
the original with proof of service in the office of the clerk,
or may be precluded under CPLR 3042 for failure to furnish
a proper bill, unless the time to serve said bill shall be
extended as hereinafter provided.

(c)

(1) The defendant may serve a notice of an examination before
trial of the claimant at any time after the service and filing
of its answer, but not later than 60 days after the service
of a bill of particulars by the claimant.

(2) The claimant may serve a notice of an examination before
trial at any time as provided in the CPLR, but not later than
30 days after the service of a notice by the defendant of
an examination before trial of the claimant.

(d) All other motions shall be brought in accordance with
the Court of Claims Act, the rules of the Court of Claims
and the provisions of the CPLR, and shall be returnable in
the district wherein the action is triable.

(e) Subject to the written approval of the court, the parties,
within the period of time therein specified, may stipulate
to waive or modify any of the requirements of subdivision
(b) or (c) of this section.

(f) A party confronted with unusual and special circumstances,
requiring more time than prescribed by subdivision (b) or
(c) of this section for compliance with any of the provisions
of said subdivisions, may move for an extension of time, which
the court may grant for such period and under such conditions
as the interests of justice require.

Whenever a claim is submitted to the court on an agreed statement of facts, the claimant, within
five days thereafter, shall file a copy in the clerk's office, which shall be
signed at the end by all parties, together with a memorandum stating when and
where the claim was submitted and to which judge or judges. Each party, within the same time,
shall file in the clerk's office a list of all papers submitted by that party to the court, which list
shall sufficiently describe the papers so as to permit their identification.